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HomeMy WebLinkAboutNS-1638REL:ar 6/1/82 ORDINANCE NO. NS-1638 AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE SANTA AND SOUTH HARBOR BOULEVARD/FAIRVIEW STREET REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Santa Ana has received from the Santa Ana Redevelopment Commission (the "Commission") for the Community Redevelopment Agency of the City of Santa Ana (the "Agency") the proposed Redevelop- ment Plan for the Santa Ana South Harbor Boulevard/Fairview Street Redevelopment Project, a copy of which is on file at the office of the Clerk of the Council, 20 Civic Center Plaza, Santa Ana, California, and at the office of the Agency at 20 Civic Center Plaza, Room 629, Santa Ana, California, together with the Report prepared by and for the Commission and the Agency including the reasons for the selection of the Project Area, a description of the physical, social and economic conditions existing in the Project Area, the pro- posed method of financing the redevelopment of the Project Area, a plan and method of relocation of families and persons who may be temporarily or permanently displaced from housing facilities in the Project Area, an analysis of the Prelimin- ary Plan, the report and recommendations of the Planning Commission of the City of Santa Ana, a summary of meetings with Project Area residents, community organizations and others, an environmental impact report on the Redevelopment Plan, the report of the County Fiscal Officer and the Agency's analysis thereof, and a summary of consultations with affected taxing agencies; and WHEREAS, the Planning Commission of the City of Santa Ana has submitted to the City Council its report and recommendations concerning the Redevelopment Plan and its certification that the Redevelopment Plan conforms to the General Plan for the City of Santa Ana; and WHEREAS, the City Council and the Commission held a joint public hearing on June 15, 1982, on adoption of the Redevelopment Plan and on certification of the Final En- vironmental Impact Report on the Redevelopment Plan in the City Council Chambers, Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California; and WHEREAS, a notice of said hearing was duly and regularly published in The Register, a newspaper of general ORDINANCE NO. NS- 1638 PAGE TWO circulation in the City of Santa Ana, once a week for four successive weeks prior to the date of said hearing, and a copy of said notice and affidavits of publication are on file with the Clerk of the Council and the Community Rede- velopment Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the last known address of each assessee as shown on the last equalized assessment roll of the County of Orange of each parcel of land in the proposed Project Area; and WHEREAS, each assessee in the Project Area was sent a separate statement, attached to the notice of the joint public hearing, that his property may be subject to acquisition by purchase or condemnation subject to the limitations of the Redevelopment Plan; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and WHEREAS, the City Council has considered the re- port of the Commission and the Agency, the Redevelopment Plan and its economic feasibility, and the Environmental Impact Report, has provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the Redevelopment Plan; and WHEREAS, the Commission has reviewed and con- sidered the Environmental Impact Report for the Redevelop- ment Plan, prepared in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), local environmnetal procedures and guide- lines adopted pursuant thereto, and submitted pursuant to Public Resources Code Section 21151 and Health and Safety Code Section 33352; and the Commission has determined that the redevelopment of the Project Area pursuant to the Rede- velopment Plan will not have a significant effect on the environment based upon a statement of facts adopted by the Commission on June 10, 1982; NOWv THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: ORDINANCE NO. NS- 1638 PAGE THREE SECTION 1: That the purpose and intent of the City Council with respect to the Project Area is to accomp- lish the following: (a) Elimination of physical blight. (b) Creation of new employment opportunities. (c) Encouragement of uniform and consistent land use patterns. (d) Encouragement of private commercial/indus- trial rehabilitation, development and capital investment. (e) Implementation of the General Plan. (f) Encouragement of highest and best use of available land consistent with the General Plan. (g) Improvement of market potential through crea- tion of a uniform commercial character along Harbor Boulevard. (h) Development of vacant or under-utilized industrial land. (i) Provision or replacement of public streets, alleys, parks, sidewalks, sewers, storm drains, traffic signals, lighting systems, and other public facilities and improvements as necessary. SECTION 2: The City Council hereby finds and determines that: (a) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Section 33000 e__t seq.). (b) The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. (c) The adoption and carrying out of the Rede- velopment Plan is economically sound and feasible. (d) The Redevelopment Plan conforms to the General Plan of the City of Santa Ana. ORDINANCE NO. NS- 1638 PAGE FOUR (e) The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City of Santa Ana and will effectuate the purposes and policy of the Community Redevelopment Law. (f) The condemnation of real property, as pro- vided for in the Redevelopment Plan, is necessary to the execution of the Redevelopment Plan, and adequate provisions have been made for the payment for property to be acquired as provided by law. (g) The Agency has a feasible method and plan for the relocation of families and persons who might be dis- placed, temporarily or permanently, from housing facilities in the Project Area. (h) There are, or are being provided, within the Project Area or within other areas not generally less de- sirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessi- ble to their places of employment. (i) Inclusion of any lands, buildings, or improve- ments which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the entire area of which they are a part, and any such area is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law without other sub- stantial justification for its inclusion. (j) The elimination of blight and the redevelop- ment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. (k) The Redevelopment Plan for the Project Area will afford the maximum opportunity, consistent with the sound needs of the City of Santa Ana as a whole, for the redevelopment of such area by private enterprise. (1) The Redevelopment Plan contains adequate safeguards so that the work of redevelopment will be carried ORDINANCE NO. NS- 1638 PAGE FIVE out pursuant to the Redevelopment Plan, and it provides for the retention of controls and the establishment of restric- tions and covenants running with the land sold or leased for private use for periods of time and under conditions specified in the Redevelopment Plan, which this Council deems necessary to effectuate the purposes of the Community Redevelopment Law. SECTION 3: The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project Area are displaced, if any, and that pending the development of such facilities there will be available to any such displaced occupants temporary housing facilities at rents comparable to those in the City of Santa Ana at the time of their dis- placement. No persons or families of low and moderate in- come shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such dis- placed persons or families and must be decent, safe, sani- tary and otherwise standard dwellings. The Agency shall not displace any such persons or families until such housing units are available and ready for occupancy. SECTION 4: The City Council is convinced that the effect of tax increment financing will not cause a severe financial burden or detriment on any taxing agency deriving revenues from the Project Area. SECTION 5: Written objections to the Redevelop- ment Plan filed with the Clerk of the Council before the hour set for hearing and all oral objections presented to the City Council at the hearing having been considered are hereby overruled. SECTION 6: That certain document entitled "Rede- velopment Plan for the Santa Ana South Harbor Boulevard/ Fairview Street Redevelopment Project," the map contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the office of the Agency, and the office of the Clerk of the Council, having been duly reviewed and considered, is hereby incor- porated into this Ordinance by reference and made a part hereof, and as so incorporated is hereby designated, approved, and adopted as the official "Redevelopment Plan for the Santa Ana South Harbor Boulevard/Fairview Street Redevelopment Project." ORDINANCE NO. NS- 1638 PAGE SIX SECTION 7: That certain document entitled "Environmental Impact Report, Santa South Harbor Boulevard/ Fairview Street Redevelopment Project," a copy of which is on file in the office of the Agency, and in the office of the Clerk of the Council, having been duly reviewed and considered, is hereby incorporated into this Ordinance by reference and made a part hereof. All activities undertaken by the Agency and/or the City of Santa Ana pursuant to or in implementation of the Redevelopment Plan shal]~e~undertaken in accordance with the mitigation measures set forth in the said environmental impact report, and the Agency shall under- take such additional environmental review as necessary at the time of implementation of such activities. SECTION 8: This Council hereby (a) pledges its cooperation in helping to carry out the Redevelopment Plan, (b) requests the various officials, departments, boards, and agencies of the City having administrative responsibilities in the Project Area likewise to cooperate to such end, and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan, and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City of Santa Ana under the provisions of the Redevelopment Plan. SECTION 9: The Clerk of the Council is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the respon- sibility for carrying out the Redevelopment Plan. SECTION 10: The Clerk of the Council is hereby directed to record with the County Recorder of Orange County a description of the land within the Project Area, and a statement that proceedings for the redevelopment of the Project Area have been instituted under the Community Redevelopment Law. SECTION 11: The Director of Planning and Develop- ment Services of the City of Santa Ana is hereby directed for a period of two (2) years after the effective date of this Ordinance to advise all applicants for building permits within the Project Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. ORDINANCE NO. NS- 1638 PAGE SEVEN SECTION 12: The Clerk of the Council is hereby directed to transmit a copy of the description and statement recorded by the Clerk of the Council pursuant to Section 10 of this Ordinance, a copy of this Ordinance, and a map or plat indicating the boundaries of the Project Area, to the auditor-controller and assessor of the County of Orange, to the governing body of each of the taxing agencies which receive taxes' from property in the Project Area, and to the State Board of Equalization. SECTION 13: If any part of this Ordinance or the Redevelopment Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Rede- velopment Plan, and this Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted. ADOPTED this 6th day of 1982. ATTEST: COUNCILMEMBERS: Bricken Aye Luxembourger ~ Acosta ~ye Serrato Nay Griset y~ Markel N~y McGuigan ~ APPROVED AS TO FORM: CITY ATTORNEY